A lengthy discussion regarding drainage in and around The Village at Highland Lakes development, the Shelby County Planning Commission ultimately voted to continue the case from its April 3 meeting to its next meeting, set for May 1.

The planning commission discussed a 22.44 acre plot, to be subdivided into 52 residential lots, which made up The Village at Highland Lakes Phase 4, fifth sector. The request before the planning commission was for approval of a preliminary plot of the property. Eddleman Residential, which is developing the property, came before the planning commission in January, requesting amendments to the master plan for the project. Those amendments eliminated some development to accommodate existing wetland that runs through The Village at Highland Lakes and reworked a few roads.

The commission tonight addressed a drainage issue on the north side of the property. In 2013, the planning commission requested Eddleman make changes to a pipe to the north of The Village at Highland Lakes in order to allow more drainage, but that pipe is on private property. The private property owner did not want to make changes to the pipe, said principal planner Kristine Goddard. Planning commissioner Bill Kinnebrew asked how dropping that request would affect the party in question, and Scott Vaughn with Arrington Engineering said it would only affect her property, by potentially having water rise over her driveway.

“It’s just an annoyance she chooses to live with,” Kinnebrew asked, and Vaughn confirmed it was the homeowner’s decision to leave the pipe and drainage as is.

Highland Lakes resident Linda Smith, who lives along Baldwin Lane, addressed the planning commission with concerns on a “cesspool” that had formed in her backyard due to a “makeshift dam.” On particularly rainy days, like today, the rain will build up behind the dam — later identified as a "check dam" — which is comprised of rocks, and become a muddy stream that flows through her backyard, dumping muddy sediment into Bluestone Lake. Smith presented the planning commission with photos from earlier on the day of the meeting, which showed a brown-colored stream flowing through her yard and toward the lake.

“I just want the board to be aware of what is actually on that, on that flat piece of paper,” she said. “It’s a muddy, muddy mess, is what you’re looking at. And that is just from today’s rain.”

Smith asked that the planning commission delay the vote until more engineers could look at the property and see the drainage issues.

In regard to Smith’s concerns, Vaughn said that the homes in the fifth sector would, for the most part, drain into Fowler Lake — in the opposite direction of Bluestone Lake. There will be less than 10 lots draining in the direction of Bluestone Lake, he said, and three of those lots would be used as a sediment pond during the construction of the other homes.

In regard to drainage in backyards, Vaughn said the area in question is part of a drainage easement. “You’re never going to build on there,” he said.

Other residents, Wade Smith and Catherine Miller, also addressed concerns over the drainage, saying that nothing had been done to improve the problem. Miller added that the presence of so much water presented other threats, including a prime spot for mosquitos to breed and a habitat for snakes and other dangerous animals.

“I’m concerned for my grandchildren,” she said.

Steve Castleman, an environmental consultant from Spectrum Environmental, said the check dam, behind the Smith’s backyard was constructed 10-15 years ago but recently refortified to make sure it filtered the water, rather than let it flow through uncontrolled. The “cesspool,” he said, is technically considered a wetland. He also pointed out that Eddleman had allowed for better drainage from its January amendment to the master plan, and that having three lots as sediment ponds during construction would help with drainage.

“Clearly they’re getting some mud in their yards. How’s that mitigated, or is it not? It’s probably not so much of an issue for this sector, but with the lots coming up that are going to back up to that wetland area, that’s going to be a pretty big topic for concern,” said planning commission chairman Michael O’Kelley. “… I want to make sure their back yards aren’t filling up with mud every time it rains.”

Planning commissioner Jim Davis asked the residents if they addressed their concerns through the homeowners association, and they said while they pay HOA dues, there is not an association they are aware of.

Planning commissioner Bill Kinnebrew made a motion to approve the request from Eddleman, and O’Kelley and planning commissioner Ken Wilder voted in favor of that motion. When Davis, Bob Land and new planning commissioner Samuetta Nesbitt abstained, the tie led Kinnebrew to make a new motion, to continue the case. Five planning commissioners voted in favor of that motion, with Land abstaining.

Residents were also told that a land development inspector would go to the property this week, on days when heavy rain was expected, to look at the drainage and other factors. That information will be presented when the case goes back in front of the commission in May.

Also at the meeting, the planning commission:

Voted to continue a resurvey of a property on Highway 43. The property had notes that did not meet requirements, and it will come back before the planning commission in May.

Vote to approve a request for a change in zone district boundaries for Edwards Chevrolet offices off of Champion Boulevard on U.S. 280. The planning commission voted unanimously to change the boundaries from Office and Institutional (2) Special District to General Business District for approximately 1.49 acres.